9 Enforcement and Civil Penalties Notices Policy
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Minutes:
The
Private Sector Housing Manager presented a report on the
Enforcement and Civil Penalty Notice Policy.
The
Committee was advised that the aim of the policy was to improve
housing standards across the Borough by establishing a
proportionate and robust approach. It was noted that the policy
applied solely to private sector housing and did not extend to
housing stock owned by Redditch Borough Council.
Members were informed that the policy aligned with national best
practice to ensure consistency with other local authorities across
England and covered areas including housing standards, landlord
behaviour, illegal eviction and harassment and the regulation of
Houses in Multiple Occupation. In line with the Regulator’s
expectations, the policy took into account risk, harm and tenant
vulnerability, as well as evidential standards. The objective was
to ensure consistency in officer decision-making, improve housing
standards across the Borough and reduce health and safety risks,
whilst ensuring that any enforcement action taken was legally
robust and defensible.
Following presentation of the report, Members discussed a number
of matters in detail:
- Members welcomed the use of civil penalties outlined in the
policy.
- Queries were raised regarding capacity and resources for the
collection of fines, including whether additional support would be
required from the Finance Team. Officers advised that civil penalty
processes were already established, as fines had been collected for
a number of years, and that the policy extended the scope for
issuing penalties. It was confirmed that legislation was in place
to address unpaid fines through escalation procedures. Officers
clarified that no additional resources were anticipated to be
required.
- A
typographical error relating to the named Portfolio Holder within
the report was identified and noted for correction.
- Concerns were raised regarding the potential impact on the
private rented sector, including whether the policy might
discourage landlords and increase pressure on Council housing
stock. Officers advised that this concern had been raised with
central Government and reassured Members that enforcement would not
be targeted at minor infractions, but rather at landlords who
persistently failed to comply with legislation and placed tenants
at risk.
- Members expressed concern that the service should not be
perceived as being driven by income generation through fines.
Officers confirmed that no targets would be set and that the
Council would not be financially disadvantaged if no fines were
issued. It was reiterated that the purpose of the policy was to
ensure landlord compliance and to protect tenants. The Chief
Executive added that the intention was to raise housing standards
while supporting responsible landlords.
- The process for identifying non-compliant landlords. Officers
advised that a national landlord database was being introduced,
alongside proactive annual inspections, intelligence gathering and
external referrals to identify landlords who were not registered.
It was noted that it would be important to promote available
support so that residents were aware of how to seek assistance
where required.
- Members queried the level of funding expected from central
Government. Officers explained that New Burdens Funding had been
provided to support preparation for the new legislation,
...
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